Hodosh,Hammer Law Settlement Offer

[MsLayo34]

Hi all,

I was served with paperwork from Hodosh, Hammer and Lyon on 01/18 for a Discover CO account for the amount of 1,088. I responded with the court house and sent a certified letter to the law office offering a settlement prior to going into court. I have not heard from them so decided to call them today. I spoke with the secretary who could not find ANY information on the case. Long story short. She placed me on hold for 1 minute and came back and said the total amount due to their firm would be $1,300. She said the original debt was 1,088 PLUS court fees of $145. When I informed her I could not afford $1300 hence why I sent a settlement letter prior to going into court. She informed me that they will obtained a judgment against me and I will have to pay. Once I informed her that we have not been to court and I will show the judgment that I have offered to pay prior to court she quickly changed her tune. She then informed me that they are willing to settle for $750.00 and that offer is valid for two weeks.

I have two question so:

Can they add on court fee's AFTER they have filed with the court in the amount of $1,088?

Also, should I counter the $750.00

The lady did say I would receive a settlement letter stating the account is a $0 balance, 21 after full payment.

Thanks!

[Anonymous]

First off I'm not a lawyer, I'm not giving you legal advice, just what I know from my experience

Did you file an answer and notice of appearance to a summons and complaint with the court, or just your settlement offer?

If you filed an answer and notice of appearance, good, this means that you will be notified of anything that happens with the suit, in other words you can show up to trial and avoid a default judgement. If you did not, do so ASAP.

Now I don't know about your state, but when I was served on the document it clearly stated that any attempt to pay might result in an award of costs to the plaintiff. If your summons didn't say that then I don't see how they can claim that you owe them the amount prayed for without a judgement.

Also, get any settlement agreement in writing, otherwise they might just continue to sue you for the difference.

Anyone else here who knows more about this, please chime in

[MsLayo34]

I filed the answer and notice of appearance with the local court house. I sent the offer letter to the attorney after I responded to the summons.

The summons clearly states $1088.00 is the total amount that I am being sued for. Not $1300.00. Should I call again and counter their off of $750? What would be a reasonable offer? I would have to attempt to GW with Discover after all is said and done.

[Anonymous]

I'm a little confused, pardon me if this is all clearly stated earlier.

What was the amount you originally owed? The amount that did not get paid so you are now being sued for? Is that the $1,088?

What is the amount that they were hoping to get in the suit, the total the plaintiff is "praying for"? This would include court costs and fees etc.? is it the $1,300?

Can you get a copy of any paperwork showing the details of the costs?

If they don't have the means of proving you owe this debt and way of detailing what you owe, they'd have nothing to show in court, and I don't see how they'd have the grounds to sue you for any amount at all.

If this was me and they could prove that I owed a debt of $1,088 that went unpaid, I'd take the $750. You aren't really in a position to barter for anything else. You are basically paying them to not take you to court.

You might consider offering a payment plan to eventually PIF, that would give you a lower initial amount to pay if you do not have the $750 to pay now.

Get any agreement in writing.

[MsLayo34]

@vca yes, $1,088 was the amount originally owed and the CO amount.

The amount that they placed in the summons was $1,088. They were not requesting reimbursement for "court fees" back in January 2015.

To be very honest I know that I owe this debt ($1,088) to Discover. I'm not sure what documentation the lawyer has regarding how much I owe. I'm sure they would be able to obtain info from Discover since they still own the debt.

I am in a position to pay $750. Per the law firm this settlement can be Paid in installments. I'll have to make sure to get the settlement agreement in writing BEFORE I payout.

[RobertEG]

First, you should not be negotiating with a secretary.

Second, they can deny anything less than what they sued for, and go to court.

If they wish to assess additional amounts, or you wish to contest their amount, that is part of the purpose of the trial.

You can certainly assert that you dont owe court costs until you have gone to court, but that is up to you.

If they have offered to settle for $750, just be sure that you receive a clear statement that it fully satisfies any and all debt obligation, thus putting to bed any contention of addtional fees.

It sounds like a reasonable offer if you in fact owe the debt.

If they can prove the debt in court, they will get a judgment for the full amount.

And dont rely upon statements of a secretary.  At least get the attorney on the line.......

[MsLayo34]

First, you should not be negotiating with a secretary.
I agree. She may have been a CA rep for the firm.

Second, they can deny anything less than what they sued for, and go to court.
If they wish to assess additional amounts, or you wish to contest their amount, that is part of the purpose of the trial. You can certainly assert that you dont owe court costs until you have gone to court, but that is up to you.

Thank you for clarifying this. I wasn't sure if they were pulling my leg.

If they have offered to settle for $750, just be sure that you receive a clear statement that it fully satisfies any and all debt obligation, thus putting to bed any contention of addtional fees.
It sounds like a reasonable offer if you in fact owe the debt.

Okay, I will contact the law firm representing Discover tomorrow and ask for a settlement letter on their letterhead with the above clearly stated in it. I will also request to get the lawyer on the line. Thanks!!

If they can prove the debt in court, they will get a judgment for the full amount.

And dont rely upon statements of a secretary. At least get the attorney on the line.......